Vidhayanand Kumar @ Ramanath Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

Vidhayanand Kumar @ Ramanath Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail in T.R. Case No. 153 of 2025 on furnishing a bail bond of Rs.50,000/- with two solvent sureties each for the like amount, subject to conditions that he shall not indulge in criminal activities and shall appear before the learned trial Court on each date of posting; violation of any condition shall entail cancellation of bail. The BLAPL is disposed of.

Issue for consideration

Whether the petitioner, arraigned for the offence under section 20(b)(ii)(B) of the N.D.P.S. Act with a stated recovery of 11.800 grams of ganja (lesser than commercial quantity), is entitled to be released on bail under section 483 of B.N.S.S., the bar under section 37 of the N.D.P.S. Act being contended inapplicable.

Court's answer

The bar under section 37 of the N.D.P.S. Act is not applicable, as the contraband ganja recovered from the possession of the petitioner is 11.800 grams, which is lesser than commercial quantity.

Ratio / Principle

The investigation of the case has made substantial progress; on hearing learned counsel for the State, the Court was inclined to release the petitioner on bail.

Key takeaways

The petitioner is to be released on bail on furnishing a bail bond of Rs.50,000/- with two solvent sureties each for the like amount, on conditions that he shall not indulge in criminal activities and shall appear before the trial Court on each date of posting; violation of any condition shall entail cancellation of bail.ratio¶20

Detailed headnote1 paragraphs

Bail granted - application under section 483 of B.N.S.S. in a case under section 20(b)(ii)(B) of the N.D.P.S. Act (Khurda Road G.R. P.S. Case No.38 of 2025 / T.R. Case No. 153 of 2025) - earlier bail prayer rejected by learned Sessions Judge, Khurda on 09.04.2025 - contraband ganja stated to have been recovered from the petitioner is 11.800 grams, lesser than commercial quantity, hence bar under section 37 of the N.D.P.S. Act held inapplicable - petitioner in judicial custody since 26.03.2025 - investigation made substantial progress - release ordered on bail bond of Rs.50,000/- with two solvent sureties each for the like amount, with conditions (no criminal activities; appearance on each trial date); violation entails cancellation of bail.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4808 of 2025

Vidhayanand Kumar @ Ramanath

Petitioner

Mr.Kishore Kumar Mishra, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr.Jateswar Nayak, AGA

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

14.05.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application under section 483 of B.N.S.S. in connection with Khurda Road G.R. P.S. Case No.38 of 2025 corresponding to T.R. Case No. 153 of 2025 pending before the learned Sessions Judge -cum- Special Judge, Khurda for the offence under section 20(b)(ii)(B) of the N.D.P.S. Act.

The prayer for bail of the petitioner has been rejected by the learned Sessions Judge, Khurda vide order dated 09.04.2025.

Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 26.03.2025 and the contraband ganja stated to have been recovered from the possession of the petitioner is 11.800 grams, which is lesser than commercial quantity and therefore, the bar under section 37 of the N.D.P.S. Act is not applicable, the investigation of the case has made substantial

progress and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned trial Court with further conditions that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

PKSahoo

Signature Not Verified

Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 15-May-2025 17:12:42

Page 2 of 2